Exam 5: Tort Law

Strict liability is imposed only for an act that departs from a reasonable standard of care to cause an injury.

An act intended to make another person fearful of an immediate physical harm is an assault if the threat is reasonably believable.

An economically injurious falsehood about a business's product can support a tort action for disparagement of property.

The standard of reasonable care for a professional is the same as that of an ordinary person.

A false statement about a person's business can give rise to liability for defamation.

In most states, a plaintiff can obtain an unlimited amount of noneconomic general damages in a tort action.

A seller who introduces into commerce an unreasonably dangerous product may be subject to a tort action for strict liability.

Proximate cause exists if "but for" a wrongful act, an injury would not have occurred.

Trespass to land is committed if, without the permission of the property owner, a person

A landlord is expected to use reasonable care to ensure that his or her tenants are not harmed in common areas.

Dixie, a driver for Express Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while she makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Fazio, a bystander, and injures him. What must Fazio show to recover damages from Express Delivery?

Intent can be transferred when an individual intends to harm one individual but unintentionally harms another.

In an online blog, Oren states that Publicity Corporation invaded the privacy of individuals to collect marketing data for its clients. If the firm can prove all of the elements of defamation and Oren cannot assert a sufficient defense, Oren is most likely liable for

Data Analytics, Inc., and eProducts Corporation market competing software products. Data Analytics launches an ad campaign claiming that eProducts, instead of testing software before it is marketed, has customers "test" the software by using it. eProducts knows this is not true but begins to lose sales to Data Analytics. On what ground could eProducts sue Data Analytics for injury to eProducts' reputation?

Intentional physical contact with another is not a battery unless the contact is unexcused, harmful, or offensive.

Shelly owns Reclaim & Restore (R&R), a demolition company. Demolition of a Quad City brownstone by an R&R crew injures Penny, a spectator. Under the doctrine of strict liability, Shelly must pay for Penny's injury

Outlet Sales Store unknowingly buys goods that were stolen from Quality Products Inc. Most likely, Outlet Sales can be ordered to return the goods or pay their true owner for their value in a suit for

A business cannot use puffery without liability for fraudulent misrepresentation.

Liability for injuries based on proportionate negligence is allowed by most states.

It is the motive behind the intent-not the intent-that is important in tort law.